[WSBAPT] "Marriage" for intestacy and DPOA question

[Roger Hawkes]

Well said; as usual, I agree with Eric.  I, too, would like to take an appropriate case to see if 100% to the survivor would work.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, April 20, 2021 12:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Marriage" for intestacy and DPOA question

The short answer is No; allowing a CIR to inherit as a spouse would effectively create a common-law marriage, which Washington has said repeatedly we do not do.

However, the law says that community-like property (all property that would have been considered community property had the couple been married) is divided in a “just and equitable” manner between the survivor and the deceased’s estate, such that the survivor keeps their share and the decedent's heirs inherit the estate’s share. The cases are not clear on what division actually looks like. They imply that the division would be made applying the same factors as in divorce, but that really does not work. One of the main concerns in a divorce outcome is the resulting financial situation for each ex-spouse going forward, and obviously that does not apply for someone who is deceased.

So, I have entertained the idea that, in a proper case, the "just and equitable" division of assets between the survivor and the decedent could be 100% to the survivor and 0% to the estate. That is not strictly speaking an "inheritance" but it would achieve the outcome you are suggesting. If it works.

Regarding your second question, I think that between the broad authority given under RCW 11.125.330<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.330> and RCW 11.125.340<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.340>, a general power of attorney would allow that. See also RCW 11.125.250<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.250> and RCW 11.125.260<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.260>.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Suzanne Lieberman
Sent: Tuesday, April 20, 2021 11:10 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Marriage" for intestacy and DPOA question

Good morning,

So are there ever any circumstances under which a life partner can be considered a spouse for purposes of inheriting under WA's intestacy laws? First PC was together with SO for 35 years and they had an informal marriage ceremony and held everything jointly. Second PC was together with SO for 19 years and they held everything jointly.

Also, can a DPOA be used for an heir living abroad to sign waivers for opening probate, for transferring title to deeds from the estate, and for disclaimers of assets? Sister of decedent is coming to the States for a few weeks and wants to use a DPOA for her mother to handle probate matters for her father. Or does the mom need to sign everything herself? She is elderly and living in Poland.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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